(a) Unless the court finds that an exception in §§ 2005 through 2009 of this title applies, the court shall consider the failure to record electronically all or part of a custodial interrogation to which § 2003 of this title applies in determining whether a statement made during the interrogation is admissible, including whether it was voluntarily made.
(b) If the court admits into evidence a statement made by an individual during a custodial interrogation that was not recorded electronically in compliance with § 2003 of this title, the court shall afford the individual the opportunity to present to the jury the fact that the statement was not recorded electronically in compliance with § 2003 of this title.
Structure Delaware Code
Title 11 - Crimes and Criminal Procedure
Chapter 20. Custodial Interrogations
Subchapter I. Uniform Electronic Recordation of Custodial Interrogations Act
§ 2003. Electronic recording requirement.
§ 2004. Notice and consent not required.
§ 2005. Exception for exigent circumstances.
§ 2006. Exception for individual's refusal to be recorded electronically.
§ 2007. Exception for interrogation conducted by other jurisdiction.
§ 2008. Exception for safety of individual or protection of identity.
§ 2009. Exception for equipment malfunction.
§ 2011. Notice of intent to introduce unrecorded statement.
§ 2013. Handling and preserving an electronic recording.
§ 2014. Rules relating to electronic recording.
§ 2015. Limitation of liability.